Sand Point Water and Light Co. v. Panhandle Development Co.

83 P.347 (1905)

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Sand Point Water and Light Co. v. Panhandle Development Co.

Idaho Supreme Court
83 P.347 (1905)

Facts

Panhandle Development Company (Panhandle) (defendant) located a waterway on its property and subsequently filed and posted a notice in the office of the state engineer. Panhandle began work to divert the waterway, cutting a trail up the canyon and making a survey for flumes and ditches. Panhandle commenced work within 60 days, as required under an act passed on February 25, 1899 (statute). Sand Point Water and Light Company (Sand Point) (plaintiff) was at the same time actively engaged in diverting flow from the same waterway for power-generation purposes, gaining its rights under an act approved on March 11,1903. Sand Point sued to enjoin Panhandle’s diversion plans, arguing that its rights preceded Panhandle’s. The case went to trial and resulted in a judgment for Sand Point. Panhandle appealed. Sand Point argued that Panhandle’s prosecution of the work did not meet the standards of diligence set forth in the statute.

Rule of Law

Issue

Holding and Reasoning (Ailshie, J.)

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